ML17209B034
| ML17209B034 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 05/07/1981 |
| From: | Jablon R FLORIDA CITIES (FLORIDA MUNICIPAL UTILITIES ASSOCIATE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8105110219 | |
| Download: ML17209B034 (6) | |
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UNITED S ATES DOCK@'ED NUCLEAR REGULATORY COMMISSION rJSNpc MAY 71SSf >
BEFORE THE ATOMIC SAFETY AND LICENSING BOA Office of the Secretery
~/
Docketinff 6 Service
~raeh In the Matter of )
) v Florida Power & Light Company ) Docket No. 50-3 (St. Lucie Nuclear Plant, Unit No. 2)
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)
~c RESPONSE BY FLORIDA CITIES 8 TO NRC STAFF ANSWER <o~'
A~~
Florida Cities filed a "P t son to 4
On April 7, 1981, Intervene and Request for Consolidation"; responsive to e I Commission's Federal Receister Notice with regard to the St. Lucie Unit Ogerating License, issued Narch 9, 1981 (46 Fed. ~Re 15831-2) . This Petition sought an antitrust review in connection with the operating license. However, Florida Cities recognized (p. 2) that the issues overlap those in the construction permit antitrust proceedings in Docket No. 50-389A. They therefore requested consolidation. Florida Cities believe that it is in the interest of all parties to avoid two antitrust proceedings before separate licensing boards relating to the same license.
Staff has raised two points: First, Staff states, "This Board has no jurisdiction to consider a petition that raises only antitrust issues." Second, it suggests, "It is possible that
-footnote 1 on page 3 of the petition. . . may represent an attempt to raise an issue cognizable by a Licensing Board con-vened to consider environmental, health, and safety issues."
As a matter of clarification, Florida Cities seek per-mission to file this pleading. While they believe that the @Sod issues raised in page 3, note 1, are directly relevant to the need for antitrust relief, they do not seek intervenor status ///
V 1
concerning "environmental, health, and safety issues". In Florida Cities'udgment, the factors raised in footnote 1 are relevant in an antitrust context. By their petition Florida Cities sought intervention in proceedings relating to FPL's operating license
~onl insofar as they may relate to antitrust concerns. Thus, should their request for consolidation be granted or antitrust proceedings with regard to the operating license be separated from this docket, Florida Cities would not seek participation here.
As they read the antitrust provisions of the Atomic Energy Act, Florida Cities believe that the time to seek interven-tion with regard to FPL's operating license is now. Further, they perceive benefit to no party from delay. See, Houston Li htin & Power Com an (South Texas Project, Unit Nos. 1 and 2), CLI-77-13, 5 NRC 1303 (1977). However, should there be a question with regard to the Board's authority or the Commission's intentions in this, regard, Florida Cities would have no objection to certification of the matter to the Commission or reference to the Secretary of the Commission so that their Petition to Intervene can be ruled upon in the appropriate manner.
Respectfully submitted, Robert A. Jablon Alan J. Roth Daniel Guttman Attorneys for Florida Cities ilay 7, 1981
V ~ I 0
t UNITED STATES NUCLEAR REGULATORY COMMISSION t
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
Florida Power R Light Company ) Docket No. 50-389-OL
)
(St. Lucie Nuclear Plant, Unit No. 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing have been served on the following by hand delivery (*) or by deposit in the U. S. Mail, first, class, postage prepaid, this 7th day of May, 1981.
- Chase Stephens, Chief Jerome Saltzman, Chief Docketing 6 Service Section Antitrust S Indemnity Group Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Ivan W. Smith, Esquire Richard S. Salzman, Esquire Cnairman Atomic Safety & Licensing Board Atomic Safety E Licensing Board Panel Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Robert M, Lazo, Esquire William D. Paton, Esquire Atomic Safety 8 Licensing Board A,. P. Hodgdon, Esquire Nuclear Regulatory Commission Counsel for NRC Staff Washington, D. C. 20555 Nuclear Regulatory Commission Washington, D.C. 20555 Michael A. Duggan, Esquire College of Business Administration J. A. Bouknight, Jr .
University of Texas Lowenstein, Newman, Reis 6 Axelrad Austin, Texas 78712 1025 Connecticut Avenue, N. W.
Washington, D. C. 20036 Elizabeth S. Bowers, Chairman Atomic Safety 8 Licensing Board Joseph Rutberg, Esquire Nuclear Regulatory Commission Lee Scott Dewey, Esquire Washington, D. C. 20555 Fredric Chanania, Esquire Counsel for NRC Staff Dr. Peter A. Morris Nuclear Regulatory Commission Atomic Safety S Licensing Board Washington, D.C. 20555 Panel Nuclear Regulatory Commission Thomas Gurney, Sr., Esquire Washington, D. 'C. 20555 203 North Magnolia Avenue Orlando, Florida 32802 Dr. Oscar H. Paris Atomic Safety S Licensing Board William C. Wise, Esquire Panel 1200 18th Street.
Nuclear Regulatory Commission Suite 500 Washington, D. C. 20555 Washington, D. C. 20036
William H Chandler, Esquire
~ Charles R. P. Brown, Esquire Chandler, O'Meal, Avera, Gray Brown, Paxton 8 Williams Stripling 301 South 6th Street P. O. Drawer 0 P. O. Box 1418 Gainesville, Florida 32602 Fort Pierce, Florida 33450 Janet Urban, Esquire Hutchinson Island Coalition Department of Justice c/o Helen Shea Wells P. O. Box 14141 93 El Mar Drive Nashington, D. C. 20044 Jensen Beach, Florida 33457 Donald A. Kaplan, Esquire George R. Kucik, Esquire Robert Fabrikant, Esquire Mare Gary, Esquire Antitrust Division Ellen E. Sward Department of Justice Arent, Fox, Kintner, Plotkin Washington, D. C. 20530 S Kahn 1815 H Street, M. N.
Herbert Dym, Esquire Washington, D. C. 20006 Covington S Burling 888 16th Street, N. W.
Washington, D. C. 20006 bert A. Jablon Attorney for Florida Cities
Eocunent ntrol Desk, Ol6 Phillips Docketing & Service Branch, Office of tne Secretary R~ST FOR DISTRIBUTION S~M 'Fi&OUW REGULA%)RY INFQR~ION DISTRIBVZiON SYSTEM (RIDS)
NOIZ'he attac~ c~ent, vhich relates to a soecific licensing docket, is the KINET CCh"ZRDL ACI'ION COPY. It is ce~fied by the Office of the Secretary as the best available copy.
RIDS CODES AND TITLES Dmc idion DS01 Antitrust Issuances DS02 Non-Antitrust Issuances Filings (Not Originated by %K)
Antit~t Filings (Originated by Non-Pa~es)
DS05 Non-Antitrust Filings (Origina~ by Non-Parties)
DS06 ELD Filings (Antitrust)
DS07 ELD Filings (Non-Antitrust)
DSOS Antitrust Filings (Not O iginated by NRC)
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